Feb 2, 2021
This episode of Immigration Law for Tech Startups is the first in a two-part series on how to plan for this year’s H-1B lottery in March given the recent changes to the process.
Whether you’re a large corporation or an early-stage startup, I recommend hiring an experienced immigration attorney to help you navigate the complex H-1B lottery and filing process. Getting legal guidance is particularly important given the vast array of new rules and procedures that have been put in place under the Trump administration, particularly in recent months, and because it remains uncertain what will change—or whether anything will change—under the Biden administration. The Alcorn team is keeping close tabs on the latest developments and will keep you posted.
The biggest change the Trump administration made prior to leaving office was replacing the random H-1B lottery with an H-1B allocation process based on the highest wages paid to H-1B candidates given the position and work location. I’m calling it the new play-to-play rule for H-1Bs. Although it will pressure employers to raise salaries, the new wage-based H-1B lottery will add substantial predictability to the process.
Make sure to tune in to part 2 of H-1B Lottery Planning. I will provide more specifics and any updates on the new H-1B pay-to-play process and what actions and documents H-1B employer sponsors and H-1B candidates should start assembling to prepare.
I am excited by the upcoming possibilities for immigration. Anything we can do to help an individual make a better life in the U.S. and follow her or his passion will be to the benefit of all of us. Please share this episode with investors, companies, startup founders, or anyone who can benefit from it. Reach out to us if we can help you determine your best immigration options whether you’re in the U.S. or abroad.
In this episode, you’ll hear about:
- Details about the new pay-to-play H-1B lottery
- Why the new process will make the H-1B lottery more predictable for employers—and possibly more expensive, too
- My thoughts on whether the new H-1B lottery process will remain under the Biden administration
- The general requirements for an H-1B visa
- How many H-1B visas are available in the annual lottery
- Who will benefit the most from the new pay-to-play H-1B allocation process
- How to electronically register H-1B candidates
- How the lottery process has changed in the past few years
- Strategies and tips for the electronic H-1B registration process, particularly for early-stage startups and recent grads on F-1 OPT or STEM OPT
- H-1B dates to remember
- What’s up with premium processing for H-1Bs
Don’t miss my upcoming conversations with top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or whatever your favorite platform is. As always, we welcome your rating and review of this podcast. We appreciate your feedback!
Resources:
Alcorn Immigration Law publications and courses:
- All About H-1Bs
- Immigration Options Chart
- Immigration Law for Tech Startups eBook
- Extraordinary Ability Bootcamp course for best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code ILTS for 20% off the enrollment fee.
Immigration Law for Tech Startups
- Episode 9: What Makes a Strong H-1B Petition
- Episode 11: Your Startup’s First H-1
- Episode 46: Get Ready for H-1B FY2022 Lottery
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